On Monday, the law regulating remote work and telework in the lower house was passed in the Chamber of Deputies.
With great approval, 88 votes in favor, 22 against and 1 abstention, the project passed the last stage of the third legislative procedure that leaves it ready to be dispatched and become law. This was following the Senate’s discussion of the outsigns last week along with its approval.
The initiative will allow context to be given to what employers and workers may agree on the provision of services outside the company’s bodies, at the beginning or during the term of the employment relationship.
This project was presented in 2018 by the Government. But its process was only accelerated last week, as part of the coronavirus pandemic.
The law means a form of distance work “a pact which empowers the worker to provide his services in whole or in part, from his domicile or other places or places other than the establishments of the undertaking”. While teleworking, “where services are provided through the use of technological, computer or telecommunications means or where the services provided must be reported by such means”.
The initiative seeks to establish that remote work is regulated by the Labour Code by a contract or annex between employer and employee.
The project will not imply a decrease in the remuneration or rights present in the Labour Code of the worker.
In this regard, the Under-Secretary of Labor, Fernando Arab, explained the amendments made in the Senate and that were approved this day in the lower house: “Most of the Senate’s indications were more formal, and they kept the content essentially, appreciated the work done in the Chamber.”
Among those the withdrawal period was shortened i.e. when a worker who was working as a face-to-face switch moves to the “remote” mode, and regrets, from 3 months to 30 days. It was also agreed that the entry into force of the new Law should be the month after the publication and not the subsequent one as the original said. After one year the Higher Labour Council will carry out an evaluation of the implementation of this regulation.
“The merit of this project is that it gives a regulatory framework and regulates telework, because today telework depends on the goodwill of the company. This legal body gives absolute certainty to cover safety conditions and guarantees the day and the right to disconnect,” Arab stressed.
When the initiative is under the regime, the following measures shall be established: remote work and Telework shall be regulated by the Labour Code and an employment contract or annex must therefore be entered into. The worker shall have the same employment rights as any other employee, whether collective and individual. The worker may freely agree and distribute his working day, provided that his duties permit. You can also combine face-to-face work times in your company with out-of-work times. Finally, equipment, materials and tools must be granted by the employer to the worker.
